March 11, 1920

FRANCHISE ACT.

ELECTION OF MEMBERS OF THE HOUSE OF COMMONS AND THE ELECTORAL FRANCHISE BILL INTRODUCED BY HON. HUGH GUTHRIE.


Hon. HUGH GUTHRIE (Minister of Militia and Acting Solicitor General) moved for leave to introduce Bill No. 12, respecting the Election of Members of the House of Commons and the Electoral Franchise.


?

Some hon. MEMBERS:

Explain.

Topic:   FRANCHISE ACT.
Subtopic:   ELECTION OF MEMBERS OF THE HOUSE OF COMMONS AND THE ELECTORAL FRANCHISE BILL INTRODUCED BY HON. HUGH GUTHRIE.
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UNION

Hugh Guthrie (Minister of Militia and Defence; Solicitor General of Canada)

Unionist

Mr. GUTHRIE:

Mr. Speaker, perhaps I might be permitted to explain briefly the Bill which I have just asked the leave of the House to introduce. The purpose of the Bill is threefold: In the first place, to fix a uniform franchise throughout the Dominion; in the second place, to provide a uniform method for the preparation of voters' lists; and, in the third place, to provide a simple and satisfactory method for the conduct of elections.

The franchise is to be established upon very broad principles. The only require-

ments will be those of British citizenship, residence in Canada for one year and in the particular constituency for two months, and the attainment of the age of twenty-one years; these requirements will apply in the case of male and female voters alike.

In regard to the preparation of voters' lists, the principle adopted is that the existing lists in any province which are authorized by law for use in provincial elections shall be utilized in Dominion elections, provided that they are not more than one year old, or that not longer than twelve months has elapsed between the completion of such lists and the issue of a writ for the Dominion election. Where such lists are not more than one year old they are to form the basis for the Dominion lists. In provinces where such lists exist they are adopted under the Bill; but power is given to add to such provincial lists names which should be added, and power also is given to take from such provincial lists the names of those persons which should be taken therefrom. That will provide an up-to-date list in all the provinces for use at a general election.

Where no such provincial lists exist the principle adopted by the Bill is, in urban municipalities, that of registration and, in rural municipalities, that of registration by way of enumeration. Urban municipalities are described in the Bill as cities, towns, and incorporated villages with populations of not less than 1,000. In such municipalities the principle of registration is very simple: All persons, male and female, will be required to register within the time prescribed by the Bill. When the registration period has expired appeals are permitted either by those whose names are not upon the lists, or against those whose names have been placed thereon. Those appeals in all provinces where there are what we know as County Judges are to those judges, who are appointed revising officers. In provinces where there are District Judges, as oppose! to County Judges, the appeals are to the District Judges.

In rural municipalities the procedure is a little different. Where there are no provincial lists which can be utilized under the terms of the Bill a registrar is appointed to prepare the list. He makes an enumeration of the voters in -the rural polling sub-divisions, notifying the community of the days during which he will act. When his list has been completed it must be returned to the proper officer. But in this case there is no revision or appeal, because there is a clause in the Bill which provides that any person who claims to be entitled to a vote, in a 22!

rural sub-division, and whose name has been omitted by the registrar, shall be entitled on polling day, on taking the prescribed election oath, to receive a ballot and cast his vote as any other elector is entitled to vote. It is therefore not necessary under this system to provide for any appeal or revision.

The machinery provided by the Bill for the conduct of elections does not differ very greatly from the machinery which has been utilized in this country during the past twenty-five or thirty years. A great many clauses of the old election law have been retained, some new ones have been added, and some have been incorporated from the English election law. I would call the attention of the House to thq references which appear at the end of the various sections in the Bill. The Bill will be printed in a day or two and then distributed. These references relate to the Dominion Election Act of 1896, to the subsequent election Acts passed in this country, and also to the British Election Act. But when you see a reference to any of these Acts at the enl of a section, it does not mean that that section has been copied verbatim into the new Act, because in a great many cases the old sections have had to be modified.

There are one or two innovations-I think they are innovations in this country. The Bill proposes to abolish the office of Clerk of the Crown in Chancery, and to substitute an official to be known as the General Electoral Officer. The duties of the General Electoral Officer will be, generally speaking, to take charge of the election machinery and the conduct of elections in general throughout the Dominion. These duties will correspond to a large extent with those performed by the Dominion Returning Officer in the election of 1917.

Topic:   FRANCHISE ACT.
Subtopic:   ELECTION OF MEMBERS OF THE HOUSE OF COMMONS AND THE ELECTORAL FRANCHISE BILL INTRODUCED BY HON. HUGH GUTHRIE.
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L LIB

Henri Sévérin Béland

Laurier Liberal

Hon. Mr. BELAND:

Will he be a permanent official?

Topic:   FRANCHISE ACT.
Subtopic:   ELECTION OF MEMBERS OF THE HOUSE OF COMMONS AND THE ELECTORAL FRANCHISE BILL INTRODUCED BY HON. HUGH GUTHRIE.
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UNION

Hugh Guthrie (Minister of Militia and Defence; Solicitor General of Canada)

Unionist

Mr. GUTHRIE:

The Bill provides

that the General Electoral Officer of Canada shall be a parliamentary counsel of the House of Commons. He is to be a permanent officer. His tenure of office will be the same as that of a Superior Court Judge, and he can only be removed from office upon grounds similar to those upon whieh a Superior Court Judge can be removed. He will be in every way a permanent and independent officer.

There are other innovations, such as the provision for advance polls to enable railway employees, sailors, commercial travellers, and other persons whose usual business

takes them away from home from time to time to record their votes, the object of the provision being to give these classes of persons the right to vote notwithstanding their absence from the particular locality on polling day. That provision, I think, was in force during the election of 1917, but its terms have been somewhat elaborated in the new Bill. The period fixed between nomination day and polling day is fourteen days under the new law. I think I am correct in saying that as the Act is now drawn it will take about one month to carry out all preliminaries between the time when the registrars start to prepare their voters' lists and polling day.

When the Bill comes before the House on the second reading I hope to have an opportunity of making a more elaborate statement in regard to its provisions. Some of the methods proposed are quite new so far as Dominion elections are concerned, although all the systems, 1 think, which the Bill proposes have heretofore been adopted in some parts of Canada, and from the reports that have come to the Government's knowledge these provisions have worked exceedingly well! The Bill has been prepared with the idea of bringing about uniformity in all parts of Canada; of providing a simple, safe and expeditious method of compiling voters' lists; of providing generally as simple and expeditious election machinery as it is possible to provide. When hon. members have had an opportunity of reading, analysing and discussing the measures, I think they will come to the conclusion that the Bill has been prepared and is now offered to the House upon the foundation of equality and justice in every part of the Dominion.

Topic:   FRANCHISE ACT.
Subtopic:   ELECTION OF MEMBERS OF THE HOUSE OF COMMONS AND THE ELECTORAL FRANCHISE BILL INTRODUCED BY HON. HUGH GUTHRIE.
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L LIB

William Daum Euler

Laurier Liberal

Mr. W. D. EULER (North Waterloo):

May I put a question to the hon. minister just to make one point perfectly clear? 1 understood him to state that the only requirement for the franchise under the proposed Bill is British citizenship. Will that restore the franchise to all citizens who were naturalized under the old naturalization law-which, I think, gave not British citizenship, but only Canadian citizenship? In other words, will the disabilities be removed that were imposed on citizens of foreign birth under the War-time Elections Act?

Topic:   FRANCHISE ACT.
Subtopic:   ELECTION OF MEMBERS OF THE HOUSE OF COMMONS AND THE ELECTORAL FRANCHISE BILL INTRODUCED BY HON. HUGH GUTHRIE.
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UNION

Hugh Guthrie (Minister of Militia and Defence; Solicitor General of Canada)

Unionist

Mr. GUTHRIE:

Any disability which

takes place under the Naturalization Act will still continue. Any person who under the Naturalization Act is precluded from naturalization cannot vote under this Act, because he is not a British subject.

Topic:   FRANCHISE ACT.
Subtopic:   ELECTION OF MEMBERS OF THE HOUSE OF COMMONS AND THE ELECTORAL FRANCHISE BILL INTRODUCED BY HON. HUGH GUTHRIE.
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L LIB

William Daum Euler

Laurier Liberal

Mr. EULER:

Will people who were

naturalized under the Act of 1914 and the Act prior to that be disfranchised under the proposed Act?

Topic:   FRANCHISE ACT.
Subtopic:   ELECTION OF MEMBERS OF THE HOUSE OF COMMONS AND THE ELECTORAL FRANCHISE BILL INTRODUCED BY HON. HUGH GUTHRIE.
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UNION

Hugh Guthrie (Minister of Militia and Defence; Solicitor General of Canada)

Unionist

Mr. GUTHRIE:

The only disfranchising clause in regard to naturalization is the provision which was in our former law: That no person should claim to

be a British subject by reason of marriage or relationship with any other person. That provision is continued in the present Bill.

Topic:   FRANCHISE ACT.
Subtopic:   ELECTION OF MEMBERS OF THE HOUSE OF COMMONS AND THE ELECTORAL FRANCHISE BILL INTRODUCED BY HON. HUGH GUTHRIE.
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LIB

William Lyon Mackenzie King (Leader of the Official Opposition)

Liberal

Hon. W. L. MACKENZIE KING (Leader of the Opposition):

My hon. friend has

said that the basis of the franchise under the proposed Act is citizenship. Is there any exception to that rule?

Topic:   FRANCHISE ACT.
Subtopic:   ELECTION OF MEMBERS OF THE HOUSE OF COMMONS AND THE ELECTORAL FRANCHISE BILL INTRODUCED BY HON. HUGH GUTHRIE.
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UNION

Hugh Guthrie (Minister of Militia and Defence; Solicitor General of Canada)

Unionist

Mr. GUTHRIE:

Yes, there is an exception which was provided under the Act of last session. It provides that where any person is disqualified by reason of race under the laws of any province from voting at any election in the province, the disqualification is continued for the purpose of Dominion elections.

Topic:   FRANCHISE ACT.
Subtopic:   ELECTION OF MEMBERS OF THE HOUSE OF COMMONS AND THE ELECTORAL FRANCHISE BILL INTRODUCED BY HON. HUGH GUTHRIE.
Permalink
LIB

William Lyon Mackenzie King (Leader of the Official Opposition)

Liberal

Mr. MACKENZIE KING:

May I inquire when copies of the Bill will be available?

Topic:   FRANCHISE ACT.
Subtopic:   ELECTION OF MEMBERS OF THE HOUSE OF COMMONS AND THE ELECTORAL FRANCHISE BILL INTRODUCED BY HON. HUGH GUTHRIE.
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UNION

Hugh Guthrie (Minister of Militia and Defence; Solicitor General of Canada)

Unionist

Mr. GUTHRIE:

I expect that it will

be printed in two or three days.

Topic:   FRANCHISE ACT.
Subtopic:   ELECTION OF MEMBERS OF THE HOUSE OF COMMONS AND THE ELECTORAL FRANCHISE BILL INTRODUCED BY HON. HUGH GUTHRIE.
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Motion agreed to, and Bill read the first time.


REPORTS TABLED.


Annual report of Superintendent General of Indian Affairs; copies of Report of the Royal Commission on Indian Affairs for the Province of British Columbia.-Sir George Foster.


QUESTIONS.


(Questions answered orally are indicated by an asterisk.)


March 11, 1920